Тема 13. Company legal department
The staff members of Legal department work on protection of company's interests and creation of conditions for robust business development. Typically staff members of Legal department are qualified lawyers and their assistants. They are subordinated to Department Manager (or General Counsel) who represents the department, manages activities of legal staff and keeps control over departmental workflow.
Legal Advisers play one of the most important roles in Legal department. They give advice on product development, marketing and promotions. For example, before marketing a new product, marketing manager often needs to talk with Legal department to discuss potential legal issues. In order to give exhaustive legal advice, Department Manager charges lawyers with duties of examining legal issues and checking legislation points. Lawyers also provide advice in the filed of discrimination in hiring practices, sexual harassment and employment.
Law department is responsible for providing legal services and advice to the company, its divisions and employees. The department office faces a great number of different legal matters. These matters include: business development, contract management, real estate transactions, customer claims against the company for product damages and defects, litigation, employment law, sales and leases matters, debt collection, bankruptcy, case prosecution, and much more. All these activities create the workflow of Legal department. If to look at the workflow in whole, the following main functions of the legal department are:
• Providing legal advice and guidance
• Prosecution of cases in courts and litigation management
• Documentation preparation and drafting
Тема 14. What is a intellectual property
Intellectual property, often known as IP, is a fast-moving and sometimes complex area of law. It covers a wide range of diverse issues and allows people to won their creativity and innovation in the same way they can own physical property. In other words, under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets and IP can be bought and sold like other forms of pioperty.
IP typically includes two branches, namely copyright and industrial property (patent law, trademarks, and industrial designs).
- copyright applies to original creators in the literary, dramatic, musical and artistic
fields, sound recordings and broadcasts, including software and multimedia;
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- patents grant an inventor the right to exclude others from producing or using the
inventor's discovery for a limited period of time.
- trade marks are generally names, logos or drawings used to indicate the identity of a business. Tiademark status may also be granted to distinctive and unique packaging, colour combinations, building designs, and overall presentations. Service-marks also receive legal protection but meant to but are meant to distinguish services rather than products;
- industial designs protect elements of product appearance (that is, shape or
pattern, not function) resulting from the features of the lines, colours, shape, texture of the product itself or its ornamentation.
Each of the areas is governed by statutes which set out conditions for creation, the process of registration, rights of the registered owner, remedies for infringement and rights of the public to use the property.
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